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MATTER OF MILLER v. WARD

72 A.D.2d 565 (1979)

In the Matter of Charles Miller et al., Respondents, v. Frank Ward et al., Constituting The Zoning Board of Appeals of the Town of East Fishkill, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 15, 1979

Judgment reversed, on the law, with costs, determination of the board confirmed and proceeding dismissed on the merits.

The zoning board determined that petitioners did not satisfy certain standards or criteria imposed by the Town Zoning Ordinance to qualify for a special permit and, therefore, it denied the application for a special permit to conduct soil mining on petitioners' 107.7-acre parcel. Essentially the board found that the soil mining operation

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